CNN, Politico and MS NOW are challenging the Trump administration in federal court over their removal from the White House press corps, arguing that the ban violates First Amendment protections and amounts to retaliation over their reporting.
The three news organizations are scheduled to appear Wednesday before U.S. District Judge Timothy Kelly, a Trump appointee, seeking to have their White House access restored immediately. Their lawyers argue the administration engaged in unconstitutional viewpoint discrimination by excluding the outlets because of coverage President Donald Trump has repeatedly criticized as negative or false.
The Justice Department defended the decision, arguing that access to the White House complex is a privilege rather than a right. The administration alleges the organizations failed to meet standards of professionalism and decorum, including by publishing what it described as sensitive or classified information. White House letters cited reporting involving the construction of the White House ballroom and a related military security complex, U.S. munitions used in the Iran war, an alleged FBI leak investigation and sanctions against Russia. The outlets were given until Friday to contest the administration’s initial decision.
More than four dozen news organizations and media groups have filed a friend-of-the-court brief supporting the three outlets. They argue that excluding news organizations based on their coverage could interfere with independent reporting on the presidency and affect other journalists. Kelly previously ruled against the Trump administration in a related 2018 dispute after the White House revoked CNN correspondent Jim Acosta’s press credentials.
Trump announced the latest ban on social media Friday, citing what he called the outlets’ repeated publication of “fake news.” He later said the decision was based on years of negative coverage and suggested other media organizations could face similar restrictions. The three outlets contend those statements demonstrate that the decision was retaliation for constitutionally protected reporting.
The dispute is also affecting the White House press pool, which provides reporting, video and photographs from events where space is limited. CNN is one of five television networks that rotate responsibility for providing pool coverage, alongside NBC, ABC, CBS and Fox News. MS NOW participates in a secondary rotation, while Politico is part of the rotating print pool.
CNN had been scheduled to provide pool camera coverage Monday, but the other television networks declined to replace it following the ban. As a result, Trump’s remarks during a White House ribbon-cutting ceremony were not captured with usable audio through the regular television pool.
The case now puts the administration’s authority to control White House access against the news organizations’ First Amendment claims. Kelly is expected to consider whether the restrictions can remain in place while the broader legal challenge proceeds.
